Strategic Targeted American Recovery and Transition Act - Designates: (1) each amount in this Act as an emergency requirement, necessary to meet certain emergency needs in accordance with the FY2008-FY2009 congressional budget resolutions; and (2) as an emergency for Pay-As-You-Go (PAYGO) principles.
Establishes use-it-or-lose-it requirements for grantees. Requires them to enter into contracts or other binding commitments within one year after enactment of this Act, or within nine months after the grant is awarded, whichever is later, to make use of 100% of such funds. Requires agency recovery or deobligation and redistribution of uncommitted funds.
Makes all funds appropriated by this Act available for obligation through FY2010, unless expressly provided otherwise.
Makes additional appropriations to specified federal agency and departmental Offices of Inspector General.
Appropriates additional amounts to the Government Accountability Office (GAO).
Prohibits the use of funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in the project is domestic, except in certain circumstances.
Requires publication on the website Recovery.gov of: (1) all federal agency plans for using funds made available in this Act; and (2) all federal, state, or local agency public notices regarding funds obligated to particular infrastructure investments.
Prescribes review and reporting requirements for inspectors general of federal departments or executive agencies, the GAO, and the Chairman of the Council of Economic Advisers.
Establishes the Recovery Act Accountability and Transparency Board to: (1) coordinate and conduct oversight of federal spending under this Act to prevent waste, fraud, and abuse; and (2) establish the Recovery.gov website.
Places limitations on the length of certain noncompetitive contracts.
Grants the Comptroller General and the Offices of Inspector General access to certain contractors' or subcontractors' records or employees.
Prohibits reprisals against state and local government and contractor whistleblowers.
Makes supplemental appropriations for FY2009 to: (1) the Department of Labor (DOL), Employment and Training Administration; (2) the Department of Education; and (3) the Department of Transportation (DOT).
American Recovery and Reinvestment Tax Act of 2009 - Amends the Internal Revenue Code to increase: (1) to 45% the rate of the earned income tax credit in 2009 or 2010 for taxpayers with three or more qualifying children; (2) the threshold amount for the phase-out of such credit for married couples filing jointly; and (3) the refundable portion of the child tax credit in 2009 and 2010.
Extends for one year the 50% bonus depreciation allowance for specified types of depreciable property and through 2009 the increased expensing allowance ($125,000) for depreciable business assets.
Allows a work opportunity tax credit for unemployed veterans and disconnected youth (certain youth who are not regularly employed or attending school) hired in 2009 or 2010.
Repeals the requirement that federal, state, and local governmental entities withhold 3% of payments to contractors who provide goods and services to such entities.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 861 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 861
Making supplemental appropriations for job creation, school repair and
modernization, and tax reduction for the fiscal year ending September
30, 2009, and for other stimulative purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mr. Minnick introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making supplemental appropriations for job creation, school repair and
modernization, and tax reduction for the fiscal year ending September
30, 2009, and for other stimulative purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Targeted American Recovery
and Transition Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--APPROPRIATION PROVISIONS
TITLE I--GENERAL PROVISIONS
TITLE II--LABOR AND EDUCATION
TITLE III--TRANSPORTATION
DIVISION B--TAX PROVISIONS
TITLE I--ADDITIONAL TAX RELIEF FOR FAMILIES WITH CHILDREN
TITLE II--TAX INCENTIVES FOR BUSINESS
TITLE III--GENERAL PROVISIONS
SEC. 3. PURPOSES AND PRINCIPLES.
(a) Statement of Purposes.--The purposes of this Act include the
following:
(1) To preserve and create jobs and promote economic
recovery.
(2) To assist those most impacted by the recession.
(3) To invest in transportation and other infrastructure
that will provide short-term and long-term economic benefits.
(b) General Principles Concerning Use of Funds.--The President and
the heads of Federal departments and agencies shall manage and expend
the funds made available in this Act so as to achieve the purposes
specified in subsection (a), including commencing expenditures and
activities as quickly as possible consistent with prudent management.
SEC. 4. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 5. EMERGENCY DESIGNATION.
Each amount in this Act is designated as an emergency requirement
and necessary to meet emergency needs pursuant to section 204(a) of S.
Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget for fiscal
years 2008 and 2009.
SEC. 6. PAY-AS-YOU-GO.
(a) Narrowing the Pay-As-You-Go Escape Hatch.--Pay-as-you-go
principles and requirements shall apply to all mandatory spending in
this Act, and shall not be waived under an economic emergency provision
of any law or congressional rule.
(b) Statutory Pay-As-You-Go.--
(1) Purpose.--Section 252(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``2002'' and inserting ``2017''.
(2) Sequestration.--Section 252(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by
striking ``2002'' and inserting ``2017''.
(3) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``2006'' and inserting ``2021''.
DIVISION A--APPROPRIATION PROVISIONS
SEC. 1001. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009, and for other purposes.
TITLE I--GENERAL PROVISIONS
Subtitle A--Use of Funds
SEC. 1101. RELATIONSHIP TO OTHER APPROPRIATIONS.
Each amount appropriated or made available in this Act is in
addition to amounts otherwise appropriated for the fiscal year
involved. Enactment of this Act shall have no effect on the
availability of amounts under the Continuing Appropriations Resolution,
2009 (division A of Public Law 110-329).
SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.
In using funds made available in this Act for infrastructure
investment, recipients shall give preference to activities that can be
started and completed expeditiously, including a goal of using at least
80 percent of the funds for activities that can be initiated not later
than 120 days after the date of the enactment of this Act. Recipients
shall also use grant funds in a manner that maximizes job creation and
economic benefit. Federal funds under this Act may be utilized for
State projects that use Grant Anticipation Revenue Vehicle (GARVEE)
bonds.
SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.
(a) Formula Grants.--Formula grants using funds made available in
this Act shall be awarded not later than 30 days after the date of the
enactment of this Act (or, in the case of appropriations not available
upon enactment, not later than 30 days after the appropriation becomes
available for obligation), unless expressly provided otherwise in this
Act.
(b) Competitive Grants.--Competitive grants using funds made
available in this Act shall be awarded not later than 90 days after the
date of the enactment of this Act (or, in the case of appropriations
not available upon enactment, not later than 90 days after the
appropriation becomes available for obligation), unless expressly
provided otherwise in this Act.
(c) Additional Period for New Programs.--The time limits specified
in subsections (a) and (b) may each be extended by up to 30 days in the
case of grants for which funding was not provided in fiscal year 2008.
SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES.
(a) Deadline for Binding Commitments.--Each recipient of a grant
made using amounts made available in this Act in any account listed in
subsection (c) shall enter into contracts or other binding commitments
not later than 1 year after the date of the enactment of this Act (or
not later than 9 months after the grant is awarded, if later) to make
use of 100 percent of the funds awarded. In the case of activities to
be carried out directly by a grant recipient (rather than by contracts,
subgrants, or other arrangements with third parties), a certification
by the recipient specifying the amounts, planned timing, and purpose of
such expenditures shall be deemed a binding commitment for purposes of
this section.
(b) Redistribution of Uncommitted Funds.--The head of the Federal
department or agency involved shall recover or deobligate any grant
funds not committed in accordance with subsection (a), and redistribute
such funds to other recipients eligible under the grant program and
able to make use of such funds in a timely manner (including binding
commitments within 120 days after the reallocation).
(c) Appropriations to Which This Section Applies.--This section
shall apply to grants made using amounts appropriated in any of the
following accounts within this Act:
(1) ``Department of Transportation--Federal Transit
Administration--Transit Capital Assistance''.
(2) ``Department of Transportation--Federal Transit
Administration--Fixed Guideway Infrastructure Investment''.
(3) ``Department of Transportation--Federal Transit
Administration--Capital Investment Grants''.
SEC. 1105. PERIOD OF AVAILABILITY.
All funds appropriated in this Act shall remain available for
obligation until September 30, 2010, unless expressly provided
otherwise in this Act.
SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.
Unless other provision is made in this Act (or in other applicable
law) for such expenses, up to 0.5 percent of each amount appropriated
in this Act may be used for the expenses of management and oversight of
the programs, grants, and activities funded by such appropriation, and
may be transferred by the head of the Federal department or agency
involved to any other appropriate account within the department or
agency for that purpose. Funds set aside under this section shall
remain available for obligation until September 30, 2010.
SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.
In addition to funds otherwise made available in this Act, there
are hereby appropriated the following sums to the specified Offices of
Inspector General, to remain available until September 30, 2010, for
oversight and audit of programs, grants, and projects funded under this
Act:
(1) ``Department of Education--Departmental Management--
Office of the Inspector General'', $14,000,000.
(2) ``Department of Energy--Office of Inspector General'',
$15,000,000.
(3) ``Department of Labor--Departmental Management--Office
of Inspector General'', $6,000,000.
(4) ``Department of Transportation--Office of Inspector
General'', $20,000,000.
SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNTABILITY OFFICE.
There is hereby appropriated as an additional amount for
``Government Accountability Office--Salaries and Expenses''
$25,000,000, for oversight activities relating to this Act.
SEC. 1109. PROHIBITED USES.
None of the funds appropriated or otherwise made available in this
Act may be used for any casino or other gambling establishment,
aquarium, zoo, or swimming pool.
SEC. 1110. USE OF AMERICAN IRON AND STEEL.
(a) In General.--None of the funds appropriated or otherwise made
available by this Act may be used for a project for the construction,
alteration, maintenance, or repair of a public building or public work
unless all of the iron and steel used in the project is produced in the
United States.
(b) Exceptions.--Subsection (a) shall not apply in any case in
which the head of the Federal department or agency involved finds
that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel are not produced in the United States in
sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel produced in the United
States will increase the cost of the overall project by more
than 20 percent.
(c) Written Justification for Waiver.--If the head of a Federal
department or agency determines that it is necessary to waive the
application of subsection (a) based on a finding under subsection (b),
the head of the department or agency shall publish in the Federal
Register a detailed written justification as to why the provision is
being waived.
(d) Definitions.--In this section, the terms ``public building''
and ``public work'' have the meanings given such terms in section 1 of
the Buy American Act (41 U.S.C. 10c) and include airports, bridges,
canals, dams, dikes, pipelines, railroads, multiline mass transit
systems, roads, tunnels, harbors, and piers.
SEC. 1111. WAGE RATE REQUIREMENTS.
Notwithstanding any other provision of law and in a manner
consistent with other provisions in this Act, all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to this Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With
respect to the labor standards specified in this section, the Secretary
of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
SEC. 1112. PERSISTENT POVERTY COUNTIES.
(a) Allocation Requirement.--Of the amount appropriated in this Act
for ``Department of Agriculture--Rural Development Programs--Rural
Community Advancement Program'', at least 10 percent shall be allocated
for assistance in persistent poverty counties.
(b) Definition.--For purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1980, 1990, and 2000 decennial censuses.
SEC. 1113. REQUIRED PARTICIPATION IN E-VERIFY PROGRAM.
None of the funds made available in this Act may be used to enter
into a contract with an entity that does not participate in the E-
verify program described in section 401(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Subtitle B--Accountability in Recovery Act Spending
PART 1--TRANSPARENCY AND OVERSIGHT REQUIREMENTS
SEC. 1201. TRANSPARENCY REQUIREMENTS.
(a) Requirements for Federal Agencies.--Each Federal agency shall
publish on the website Recovery.gov (as established under section 1226
of this subtitle)--
(1) a plan for using funds made available in this Act to
the agency; and
(2) all announcements for grant competitions, allocations
of formula grants, and awards of competitive grants using those
funds.
(b) Requirements for Federal, State, and Local Government
Agencies.--
(1) Infrastructure investment funding.--With respect to
funds made available under this Act for infrastructure
investments to Federal, State, or local government agencies,
the following requirements apply:
(A) Each such agency shall notify the public of
funds obligated to particular infrastructure
investments by posting the notification on the website
Recovery.gov.
(B) The notification required by subparagraph (A)
shall include the following:
(i) A description of the infrastructure
investment funded.
(ii) The purpose of the infrastructure
investment.
(iii) The total cost of the infrastructure
investment.
(iv) The rationale of the agency for
funding the infrastructure investment with
funds made available under this Act.
(v) The name of the person to contact at
the agency if there are concerns with the
infrastructure investment and, with respect to
Federal agencies, an email address for the
Federal official in the agency whom the public
can contact.
(vi) In the case of State or local
agencies, a certification from the Governor,
mayor, or other chief executive, as
appropriate, that the infrastructure investment
has received the full review and vetting
required by law and that the chief executive
accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer
dollars. A State or local agency may not
receive infrastructure investment funding from
funds made available in this Act unless this
certification is made.
(2) Operational funding.--With respect to funds made
available under this Act in the form of grants for operational
purposes to State or local government agencies or other
organizations, the agency or organization shall publish on the
website Recovery.gov a description of the intended use of the
funds, including the number of jobs sustained or created.
(c) Availability on Internet of Contracts and Grants.--Each
contract awarded or grant issued using funds made available in this Act
shall be posted on the Internet and linked to the website Recovery.gov.
Proprietary data that is required to be kept confidential under
applicable Federal or State law or regulation shall be redacted before
posting.
SEC. 1202. INSPECTOR GENERAL REVIEWS.
(a) Reviews.--Any inspector general of a Federal department or
executive agency shall review, as appropriate, any concerns raised by
the public about specific investments using funds made available in
this Act. Any findings of an inspector general resulting from such a
review shall be relayed immediately to the head of each department and
agency. In addition, the findings of such reviews, along with any
audits conducted by any inspector general of funds made available in
this Act, shall be posted on the Internet and linked to the website
Recovery.gov.
(b) Examination of Records.--The Inspector General of the agency
concerned may examine any records related to obligations of funds made
available in this Act.
SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS AND REPORTS.
(a) Reviews and Reports.--The Comptroller General of the United
States shall conduct bimonthly reviews and prepare reports on such
reviews on the use by selected States and localities of funds made
available in this Act. Such reports, along with any audits conducted by
the Comptroller General of such funds, shall be posted on the Internet
and linked to the website Recovery.gov.
(b) Examination of Records.--The Comptroller General may examine
any records related to obligations of funds made available in this Act.
SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS.
The Chairman of the Council of Economic Advisers, in consultation
with the Director of the Office of Management and Budget and the
Secretary of the Treasury, shall submit quarterly reports to Congress
detailing the estimated impact of programs under this Act on
employment, economic growth, and other key economic indicators.
SEC. 1205. SPECIAL CONTRACTING PROVISIONS.
The Federal Acquisition Regulation shall apply to contracts awarded
with funds made available in this Act. To the maximum extent possible,
such contracts shall be awarded as fixed-price contracts through the
use of competitive procedures. Existing contracts so awarded may be
utilized in order to obligate such funds expeditiously. Any contract
awarded with such funds that is not fixed-price and not awarded using
competitive procedures shall be posted in a special section of the
website Recovery.gov.
PART 2--ACCOUNTABILITY AND TRANSPARENCY BOARD
SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND TRANSPARENCY BOARD.
There is established a board to be known as the ``Recovery Act
Accountability and Transparency Board'' (hereafter in this subtitle
referred to as the ``Board'') to coordinate and conduct oversight of
Federal spending under this Act to prevent waste, fraud, and abuse.
SEC. 1222. COMPOSITION OF BOARD.
(a) Membership.--The Board shall be composed of seven members as
follows:
(1) The Chief Performance Officer of the President, who
shall chair the Board.
(2) Six members designated by the President from the
inspectors general and deputy secretaries of the Departments of
Education, Energy, Transportation, and other Federal
departments and agencies to which funds are made available in
this Act.
(b) Terms.--Each member of the Board shall serve for a term to be
determined by the President.
SEC. 1223. FUNCTIONS OF THE BOARD.
(a) Oversight.--The Board shall coordinate and conduct oversight of
spending under this Act to prevent waste, fraud, and abuse. In addition
to responsibilities set forth in this subtitle, the responsibilities of
the Board shall include the following:
(1) Ensuring that the reporting of information regarding
contract and grants under this Act meets applicable standards
and specifies the purpose of the contract or grant and measures
of performance.
(2) Verifying that competition requirements applicable to
contracts and grants under this Act and other applicable
Federal law have been satisfied.
(3) Investigating spending under this Act to determine
whether wasteful spending, poor contract or grant management,
or other abuses are occurring.
(4) Reviewing whether there are sufficient qualified
acquisition and grant personnel overseeing spending under this
Act.
(5) Reviewing whether acquisition and grant personnel
receive adequate training and whether there are appropriate
mechanisms for interagency collaboration.
(b) Reports.--
(1) Flash and other reports.--The Board shall submit to
Congress reports, to be known as ``flash reports'', on
potential management and funding problems that require
immediate attention. The Board also shall submit to Congress
such other reports as the Board considers appropriate on the
use and benefits of funds made available in this Act.
(2) Quarterly.--The Board shall submit to the President and
Congress quarterly reports summarizing its findings and the
findings of agency inspectors general and may issue additional
reports as appropriate.
(3) Annually.--On an annual basis, the Board shall prepare
a consolidated report on the use of funds under this Act. All
reports shall be publicly available and shall be posted on the
Internet website Recovery.gov, except that portions of reports
may be redacted if the portions would disclose information that
is protected from public disclosure under section 552 of title
5, United States Code (popularly known as the Freedom of
Information Act).
(c) Recommendations to Agencies.--The Board shall make
recommendations to Federal agencies on measures to prevent waste,
fraud, and abuse. A Federal agency shall, within 30 days after receipt
of any such recommendation, submit to the Board, the President, and the
congressional committees of jurisdiction a report on whether the agency
agrees or disagrees with the recommendations and what steps, if any,
the agency plans to take to implement the recommendations.
SEC. 1224. POWERS OF THE BOARD.
(a) Coordination of Audits and Investigations by Agency Inspectors
General.--The Board shall coordinate the audits and investigations of
spending under this Act by agency inspectors general.
(b) Conduct of Reviews by Board.--The Board may conduct reviews of
spending under this Act and may collaborate on such reviews with any
inspector general.
(c) Meetings.--The Board may, for the purpose of carrying out its
duties under this Act, hold public meetings, sit and act at times and
places, and receive information as the Board considers appropriate. The
Board shall meet at least once a month.
(d) Obtaining Official Data.--The Board may secure directly from
any department or agency of the United States information necessary to
enable it to carry out its duties under this Act. Upon request of the
Chairman of the Board, the head of that department or agency shall
furnish that information to the Board.
(e) Contracts.--The Board may enter into contracts to enable the
Board to discharge its duties under this Act.
SEC. 1225. STAFFING.
(a) Executive Director.--The Chairman of the Board may appoint and
fix the compensation of an executive director and other personnel as
may be required to carry out the functions of the Board. The Director
shall be paid at the rate of basic pay for level IV of the Executive
Schedule.
(b) Staff of Federal Agencies.--Upon request of the Board, the head
of any Federal department or agency may detail any Federal official or
employee, including officials and employees of offices of inspector
general, to the Board without reimbursement from the Board, and such
detailed staff shall retain the rights, status, and privileges of his
or her regular employment without interruption.
(c) Office Space.--Office space shall be provided to the Board
within the Executive Office of the President.
SEC. 1226. RECOVERY.GOV.
(a) Requirement To Establish Website.--The Board shall establish
and maintain a website on the Internet to be named Recovery.gov, to
foster greater accountability and transparency in the use of funds made
available in this Act.
(b) Purpose.--Recovery.gov shall be a portal or gateway to key
information related to this Act and provide a window to other
Government websites with related information.
(c) Matters Covered.--In establishing the website Recovery.gov, the
Board shall ensure the following:
(1) The website shall provide materials explaining what
this Act means for citizens. The materials shall be easy to
understand and regularly updated.
(2) The website shall provide accountability information,
including a database of findings from audits, inspectors
general, and the Government Accountability Office.
(3) The website shall provide data on relevant economic,
financial, grant, and contract information in user-friendly
visual presentations to enhance public awareness of the use
funds made available in this Act.
(4) The website shall provide detailed data on contracts
awarded by the Government for purposes of carrying out this
Act, including information about the competitiveness of the
contracting process, notification of solicitations for
contracts to be awarded, and information about the process that
was used for the award of contracts.
(5) The website shall include printable reports on funds
made available in this Act obligated by month to each State and
congressional district.
(6) The website shall provide a means for the public to
give feedback on the performance of contracts awarded for
purposes of carrying out this Act.
(7) The website shall be enhanced and updated as necessary
to carry out the purposes of this subtitle.
SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF INSPECTORS GENERAL.
Inspectors general shall retain independent authority to determine
whether to conduct an audit or investigation of spending under this
Act. If the Board requests that an inspector general conduct or refrain
from conducting an audit or investigation and the inspector general
rejects the request in whole or in part, the inspector general shall,
within 30 days after receipt of the request, submit to the Board, the
agency head, and the congressional committees of jurisdiction a report
explaining why the inspector general has rejected the request in whole
or in part.
SEC. 1228. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE
AUDITORS.
The Board shall coordinate its oversight activities with the
Comptroller General of the United States and State auditor generals.
SEC. 1229. INDEPENDENT ADVISORY PANEL.
(a) Establishment.--There is established a panel to be known as the
``Independent Advisory Panel'' to advise the Board.
(b) Membership.--The Panel shall be composed of five members
appointed by the President from among individuals with expertise in
economics, public finance, contracting, accounting, or other relevant
fields.
(c) Functions.--The Panel shall make recommendations to the Board
on actions the Board could take to prevent waste, fraud, and abuse in
Federal spending under this Act.
(d) Travel Expenses.--Each member of the Panel shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 1230. FUNDING.
There is hereby appropriated to the Board $14,000,000 to carry out
this subtitle.
SEC. 1231. BOARD TERMINATION.
The Board shall terminate 12 months after 90 percent of the funds
made available under this Act have been expended, as determined by the
Director of the Office of Management and Budget.
PART 3--ADDITIONAL ACCOUNTABILITY AND TRANSPARENCY PROVISIONS
SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NONCOMPETITIVE
CONTRACTS.
No contract entered into using funds made available in this Act
pursuant to the authority provided in section 303(c)(2) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2))
that is for an amount greater than the simplified acquisition threshold
(as defined in section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. (4)(11))--
(1) may exceed the time necessary--
(A) to meet the unusual and compelling requirements
of the work to be performed under the contract; and
(B) for the executive agency to enter into another
contract for the required goods or services through the
use of competitive procedures; and
(2) may exceed one year unless the head of the executive
agency entering into such contract determines that exceptional
circumstances apply.
SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE AND OFFICES OF
INSPECTOR GENERAL TO CERTAIN EMPLOYEES.
(a) Access.--Each contract awarded using funds made available in
this Act shall provide that the Comptroller General and his
representatives, and any representatives of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of
1978 (5 U.S.C. App.), are authorized--
(1) to examine any records of the contractor or any of its
subcontractors, or any State or local agency administering such
contract, that directly pertain to, and involve transactions
relating to, the contract or subcontract; and
(2) to interview any current employee regarding such
transactions.
(b) Relationship to Existing Authority.--Nothing in this section
shall be interpreted to limit or restrict in any way any existing
authority of the Comptroller General or an Inspector General.
SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR
WHISTLEBLOWERS.
(a) Prohibition of Reprisals.--An employee of any non-Federal
employer receiving funds made available in this Act may not be
discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing to the Board, an inspector general, the Comptroller
General, a member of Congress, or a Federal agency head, or their
representatives, information that the employee reasonably believes is
evidence of--
(1) gross mismanagement of an executive agency contract or
grant;
(2) a gross waste of executive agency funds;
(3) a substantial and specific danger to public health or
safety; or
(4) a violation of law related to an executive agency
contract (including the competition for or negotiation of a
contract) or grant awarded or issued to carry out this Act.
(b) Investigation of Complaints.--
(1) A person who believes that the person has been
subjected to a reprisal prohibited by subsection (a) may submit
a complaint to the inspector general of the executive agency
that awarded the contract or issued the grant. Unless the
inspector general determines that the complaint is frivolous,
the inspector general shall investigate the complaint and, upon
completion of such investigation, submit a report of the
findings of the investigation to the person, the person's
employer, the head of the Federal agency that awarded the
contract or issued the grant, and the Board.
(2)(A) Except as provided under subparagraph (B), the
inspector general shall make a determination that a complaint
is frivolous or submit a report under paragraph (1) within 180
days after receiving the complaint.
(B) If the inspector general is unable to complete an
investigation in time to submit a report within the 180-day
period specified in subparagraph (A) and the person submitting
the complaint agrees to an extension of time, the inspector
general shall submit a report under paragraph (1) within such
additional period of time as shall be agreed upon between the
inspector general and the person submitting the complaint.
(c) Remedy and Enforcement Authority.--
(1) Not later than 30 days after receiving an inspector
general report pursuant to subsection (b), the head of the
agency concerned shall determine whether there is sufficient
basis to conclude that the non-Federal employer has subjected
the complainant to a reprisal prohibited by subsection (a) and
shall either issue an order denying relief or shall take one or
more of the following actions:
(A) Order the employer to take affirmative action
to abate the reprisal.
(B) Order the employer to reinstate the person to
the position that the person held before the reprisal,
together with the compensation (including back pay),
employment benefits, and other terms and conditions of
employment that would apply to the person in that
position if the reprisal had not been taken.
(C) Order the employer to pay the complainant an
amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert
witnesses' fees) that were reasonably incurred by the
complainant for, or in connection with, bringing the
complaint regarding the reprisal, as determined by the
head of the agency.
(2) If the head of an executive agency issues an order
denying relief under paragraph (1) or has not issued an order
within 210 days after the submission of a complaint under
subsection (b), or in the case of an extension of time under
paragraph (b)(2)(B), not later than 30 days after the
expiration of the extension of time, and there is no showing
that such delay is due to the bad faith of the complainant, the
complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint, and the
complainant may bring a de novo action at law or equity against
the employer to seek compensatory damages and other relief
available under this section in the appropriate district court
of the United States, which shall have jurisdiction over such
an action without regard to the amount in controversy. Such an
action shall, at the request of either party to the action, be
tried by the court with a jury.
(3) An inspector general determination and an agency head
order denying relief under paragraph (2) shall be admissible in
evidence in any de novo action at law or equity brought
pursuant to this subsection.
(4) Whenever a person fails to comply with an order issued
under paragraph (1), the head of the agency shall file an
action for enforcement of such order in the United States
district court for a district in which the reprisal was found
to have occurred. In any action brought under this paragraph,
the court may grant appropriate relief, including injunctive
relief and compensatory and exemplary damages.
(5) Any person adversely affected or aggrieved by an order
issued under paragraph (1) may obtain review of the order's
conformance with this subsection, and any regulations issued to
carry out this section, in the United States court of appeals
for a circuit in which the reprisal is alleged in the order to
have occurred. No petition seeking such review may be filed
more than 60 days after issuance of the order by the head of
the agency. Review shall conform to chapter 7 of title 5.
(d) Construction.--Nothing in this section may be construed to
authorize the discharge of, demotion of, or discrimination against an
employee for a disclosure other than a disclosure protected by
subsection (a) or to modify or derogate from a right or remedy
otherwise available to the employee.
(e) Definitions.--
(1) Non-federal employer receiving funds under this act.--
The term ``non-Federal employer receiving funds made available
in this Act'' means--
(A) with respect to a Federal contract awarded or
Federal grant issued to carry out this Act, the
contractor or grantee, as the case may be, if the
contractor or grantee is an employer; or
(B) a State or local government, if the State or
local government has received funds made available in
this Act.
(2) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(3) State or local government.--The term ``State or local
government'' means--
(A) the government of each of the several States,
the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or any other territory or
possession of the United States; or
(B) the government of any political subdivision of
a government listed in subparagraph (A).
TITLE II--LABOR AND EDUCATION
Subtitle A--Labor
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services''
for activities under the Workforce Investment Act of 1998 (``WIA''),
$4,000,000,000, which shall be available for obligation on the date of
enactment of this Act, as follows:
(1) $850,000,000 for grants to the States for adult
employment and training activities;
(2) $850,000,000 for grants to the States for youth
activities, including summer jobs for youth: Provided, That the
work readiness performance indicator described in section
136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of
performance used to assess the effectiveness of summer jobs for
youth provided with such funds: Provided further, That with
respect to the youth activities provided with such funds,
section 101(13)(A) of the WIA shall be applied by substituting
``age 24'' for ``age 21'': Provided further, That no portion of
the additional funds provided herein shall be reserved to carry
out section 127(b)(1)(A) of the WIA: Provided further, That for
purposes of section 127(b)(1)(C)(iv) of the WIA, such funds
shall be allotted as if the total amount of funding available
for youth activities in the fiscal year does not exceed
$850,000,000;
(3) $1,000,000,000 for grants to the States for dislocated
worker employment and training activities;
(4) $500,000,000 for the dislocated workers assistance
national reserve to remain available for Federal obligation
through June 30, 2010: Provided, That such funds shall be made
available for grants only to eligible entities that serve areas
of high unemployment or high poverty and only for the purposes
described in subsection 173(a)(1) of the WIA: Provided further,
That the Secretary of Labor shall ensure that applicants for
such funds demonstrate how income support, child care, and
other supportive services necessary for an individual's
participation in job training will be provided;
(5) $50,000,000 for YouthBuild activities, which shall
remain available for Federal obligation through June 30, 2010;
and
(6) $750,000,000 for a program of competitive grants for
worker training and placement in high growth and emerging
industry sectors: Provided, That $500,000,000 shall be for
research, labor exchange and job training projects that prepare
workers for careers in the energy efficiency and renewable
energy industries specified in section 171(e)(1)(B)(ii) of the
WIA (as amended by the Green Jobs Act of 2007):
Provided, That the additional funds provided to States under this
heading are not subject to section 191(a) of the WIA: Provided further,
That notwithstanding section 1106 of this Act, there shall be no amount
set aside from the appropriations made in subsections (1) through (3)
under this heading and the amount set aside for subsections (4) through
(6) shall be up to 1 percent instead of the percentage specified in
such section.
community service employment for older americans
For an additional amount for ``Community Service Employment for
Older Americans'' to carry out title V of the Older Americans Act of
1965, $120,000,000, which shall be available for obligation on the date
of enactment of this Act: Provided, That funds shall be allotted within
30 days of such enactment to current grantees in proportion to their
allotment in program year 2008.
Departmental Management
office of job corps
For an additional amount for ``Office of Job Corps'', $300,000,000,
for construction, rehabilitation and acquisition of Job Corps Centers,
which shall be available upon the date of enactment of this Act and
remain available for obligation through June 30, 2010: Provided, That
section 1552(a) of title 31, United States Code shall not apply to up
to 30 percent of such funds, if such funds are used for a multi-year
lease agreement that will result in construction activities that can
commence within 120 days of enactment of this Act: Provided further,
That notwithstanding section 3324(a) of title 31, United States Code,
the funds referred to in the preceding proviso may be used for advance,
progress, and other payments: Provided further, That the Secretary of
Labor may transfer up to 15 percent of such funds to meet the
operational needs of such centers: Provided further, That priority
should be given to activities that can commence promptly following
enactment and to those projects that will create the greatest impact on
Job Corps facilities: Provided further, That the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity funded under
this heading not later than September 30, 2009 and quarterly thereafter
as long as funding provided under this heading is available for
obligation or expenditure.
Subtitle B--Education
DEPARTMENT OF EDUCATION
School Modernization, Renovation, and Repair
For carrying out school modernization, renovation, and repair, not
to exceed $14,000,000,000.
Higher Education Modernization, Renovation, and Repair
For carrying out higher education modernization, renovation, and
repair, $6,000,000,000.
Subtitle C--General Provisions
SEC. 2301. CEILING ON TOTAL COST.
Any funds appropriated in this title shall be available for
obligation or expenditure only to the extent that such obligation or
expenditure will not cause the total amount of obligations or
expenditures under this title to exceed $14,000,000,000.
TITLE III--TRANSPORTATION
Subtitle A--Highways and Transit
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
highway infrastructure investment
For projects and activities eligible under section 133 of title 23,
United States Code, section 144 of such title (without regard to
subsection (g)), and sections 103, 119, 134, 148, and 149 of such
title, $50,000,000,000, of which $99,000,000 shall be for Indian
reservation roads under section 204 of such title; $250,000,000 shall
be for park roads and parkways under section 204 of such title;
$20,000,000 shall be for highway surface transportation and technology
training under section 140(b) of such title; and $20,000,000 shall be
for disadvantaged business enterprises bonding assistance under section
332(e) of title 49, United States Code: Provided, That the amount set
aside from this appropriation pursuant to section 1106 of this Act
shall not be more than 0.2 percent of the funds made available under
this heading instead of the percentage specified in such section:
Provided further, That, after making the set-asides authorized by the
previous provisos, the funds made available under this heading shall be
distributed among the States.
Federal Transit Administration
transit capital assistance
For transit capital assistance grants, $6,000,000,000, of which
$5,400,000,000 shall be for grants under section 5307 of title 49,
United States Code and shall be apportioned in accordance with section
5336 of such title (other than subsections (i)(1) and (j)) but may not
be combined or commingled with any other funds apportioned under such
section 5336, and of which $600,000,000 shall be for grants under
section 5311 of such title and shall be apportioned in accordance with
such section 5311 but may not be combined or commingled with any other
funds apportioned under that section: Provided, That of the funds
provided for section 5311 under this heading, 3 percent shall be made
available for section 5311(c)(1): Provided further, That applicable
chapter 53 requirements shall apply except that the Federal share of
the costs for which a grant is made under this heading shall be, at the
option of the recipient, up to 100 percent: Provided further, In lieu
of the requirements of section 1103 of this Act, funds made available
under this heading shall be apportioned not later than 7 days after the
date of enactment of this Act: Provided further, That for purposes of
applying section 1104 of this Act to this appropriation, the deadline
for grantees to enter into obligations to make use of not less than 80
percent of the funds awarded shall be 180 days after apportionment:
Provided further, That the provisions of section 1101(b) of Public Law
109-59 shall apply to funds made available under this heading: Provided
further, That notwithstanding any other provision of law, of the funds
apportioned in accordance with section 5336, up to three-quarters of 1
percent shall be available for administrative expenses and program
management oversight and of the funds apportioned in accordance with
section 5311, up to one-half of 1 percent shall be available for
administrative expenses and program management oversight and both
amounts shall remain available for obligation until September 30, 2011:
Provided further, That the preceding proviso shall apply in lieu of the
provisions in section 1106 of this Act.
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under section
5309(b)(2) of title 49, United States Code, $2,000,000,000: Provided,
That the Secretary of Transportation shall apportion funds under this
heading pursuant to the formula set forth in section 5337 of title 49,
United States Code: Provided further, That the funds appropriated under
this heading shall not be commingled with funds available under the
Formula and Bus Grants account: Provided further, In lieu of the
requirements of section 1103 of this Act, funds made available under
this heading shall be apportioned not later than 7 days after the date
of enactment of this Act: Provided further, That for purposes of
applying section 1104 of this Act to this appropriation, the deadline
for grantees to enter into obligations to make use of not less than 80
percent of the funds awarded shall be 180 days after apportionment:
Provided further, That applicable chapter 53 requirements shall apply
except that the Federal share of the costs for which a grant is made
under this heading shall be, at the option of the recipient, up to 100
percent: Provided further, That the provisions of section 1101(b) of
Public Law 109-59 shall apply to funds made available under this
heading: Provided further, That notwithstanding any other provision of
law, up to 1 percent of the funds under this heading shall be available
for administrative expenses and program management oversight and shall
remain available for obligation until September 30, 2012: Provided
further, That the preceding proviso shall apply in lieu of the
provisions in section 1106 of this Act.
capital investment grants
For an additional amount for ``Capital Investment Grants'', as
authorized under section 5338(c)(4) of title 49, United States Code,
and allocated under section 5309(m)(2)(A) of such title, to enable the
Secretary of Transportation to make discretionary grants as authorized
by section 5309(d) and (e) of such title, $1,000,000,000: Provided,
That such amount shall be allocated without regard to the limitation
under section 5309(m)(2)(A)(i): Provided further, That in selecting
projects to be funded, priority shall be given to projects that are
currently in construction or are able to award contracts based on bids
within 120 days of enactment of this Act: Provided further, That for
purposes of applying section 1104 of this Act to this appropriation,
the deadline for grantees to enter into contracts or other binding
commitments to make use of not less than 80 percent of the funds
awarded shall be 120 days after award: Provided further, That the
provisions of section 1101(b) of Public Law 109-59 shall apply to funds
made available under this heading: Provided further, That applicable
chapter 53 requirements shall apply, except that notwithstanding any
other provision of law, up to 1 percent of the funds under this heading
shall be available for administrative expenses and program management
oversight and shall remain available for obligation until September 30,
2012: Provided further, That the preceding proviso shall apply in lieu
of the provisions in section 1106 of this Act.
Subtitle B--General Provisions
SEC. 3201. CEILING ON TOTAL COST.
Any funds appropriated in this title shall be available for
obligation or expenditure only to the extent that such obligation or
expenditure will not cause the total amount of obligations or
expenditures under this title to exceed $50,000,000,000.
DIVISION B--TAX PROVISIONS
SEC. 1000. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the ``American
Recovery and Reinvestment Tax Act of 2009''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this division an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1000. Short title, etc.
TITLE I--ADDITIONAL TAX RELIEF FOR FAMILIES WITH CHILDREN
Sec. 1001. Increase in earned income tax credit.
Sec. 1002. Increase of refundable portion of child credit.
TITLE II--TAX INCENTIVES FOR BUSINESS
Subtitle A--Temporary Investment Incentives
Sec. 2100. Special allowance for certain property acquired during 2009.
Sec. 2101. Extension of increase in limitation on expensing of certain
depreciable business assets.
Subtitle B--Incentives for New Jobs
Sec. 2201. Incentives to hire unemployed veterans and disconnected
youth.
Subtitle C--Repeal of Withholding Tax on Government Contractors
Sec. 2301. Repeal of withholding tax on Government contractors.
TITLE III--GENERAL PROVISIONS
Sec. 3001. Ceiling on total cost.
TITLE I--ADDITIONAL TAX RELIEF FOR FAMILIES WITH CHILDREN
SEC. 1001. INCREASE IN EARNED INCOME TAX CREDIT.
(a) In General.--Subsection (b) of section 32 is amended by adding
at the end the following new paragraph:
``(3) Special rules for 2009 and 2010.--In the case of any
taxable year beginning in 2009 or 2010--
``(A) Increased credit percentage for 3 or more
qualifying children.--In the case of a taxpayer with 3
or more qualifying children, the credit percentage is
45 percent.
``(B) Reduction of marriage penalty.--
``(i) In general.--The dollar amount in
effect under paragraph (2)(B) shall be $5,000.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning in 2010, the
$5,000 amount in clause (i) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost of living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2008' for
`calendar year 1992' in subparagraph
(B) thereof.
``(iii) Rounding.--Subparagraph (A) of
subsection (j)(2) shall apply after taking into
account any increase under clause (ii).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 1002. INCREASE OF REFUNDABLE PORTION OF CHILD CREDIT.
(a) In General.--Paragraph (4) of section 24(d) is amended to read
as follows:
``(4) Special rule for 2009 and 2010.--Notwithstanding
paragraph (3), in the case of any taxable year beginning in
2009 or 2010, the dollar amount in effect for such taxable year
under paragraph (1)(B)(i) shall be zero.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
TITLE II--TAX INCENTIVES FOR BUSINESS
Subtitle A--Temporary Investment Incentives
SEC. 2100. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2009.
(a) In General.--Subsection (k) of section 168 is amended--
(1) by striking ``January 1, 2009'' each place it appears
in paragraphs (1), (2), and (3) and inserting ``January 1,
2010'', and
(2) by striking ``January 1, 2010'' in paragraph (2)(A)(iv)
and inserting ``January 1, 2011''.
(b) Conforming Amendments.--
(1) Section 168(k)(4)(D) is amended by redesignating
clauses (i) and (ii) as clauses (iii) and (iv) and by inserting
before clause (iii) (as so redesignated) the following new
clauses:
``(i) `January 1, 2009' shall be
substituted for `January 1, 2010' each place it
appears,
``(ii) `January 1, 2010' shall be
substituted for `January 1, 2011' in paragraph
(2)(A)(iv),''.
(2) Section 168(l)(5) is amended by striking ``January 1,
2009'' and inserting ``January 1, 2010''.
(3) Section 1400L(b)(2)(D) is amended by striking ``January
1, 2010'' and inserting ``January 1, 2011''.
(4) Section 1400N(d)(3) is amended by striking ``January 1,
2009'' and inserting ``January 1, 2010''.
(5) The heading for subsection (k) of section 168 is
amended by striking ``January 1, 2009'' and inserting ``January
1, 2010''.
(6) The heading for clause (ii) of section 168(k)(2)(B) is
amended by striking ``pre-january 1, 2009'' and inserting
``pre-january 1, 2010''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008, in taxable
years ending after such date.
SEC. 2101. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Paragraph (7) of section 179(b) is amended by
inserting ``or 2009'' after ``2008'' in the text and heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
Subtitle B--Incentives for New Jobs
SEC. 2201. INCENTIVES TO HIRE UNEMPLOYED VETERANS AND DISCONNECTED
YOUTH.
(a) In General.--Subsection (d) of section 51 is amended by adding
at the end the following new paragraph:
``(14) Credit allowed for unemployed veterans and
disconnected youth hired in 2009 or 2010.--
``(A) In general.--Any unemployed veteran or
disconnected youth who begins work for the employer
during 2009 or 2010 shall be treated as a member of a
targeted group for purposes of this subpart.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Unemployed veteran.--The term
`unemployed veteran' means any veteran (as
defined in paragraph (3)(B), determined without
regard to clause (ii) thereof) who is certified
by the designated local agency as--
``(I) having been discharged or
released from active duty in the Armed
Forces during 2008, 2009, or 2010, and
``(II) being in receipt of
unemployment compensation under State
or Federal law for not less than 4
weeks during the 1-year period ending
on the hiring date.
``(ii) Disconnected youth.--The term
`disconnected youth' means any individual who
is certified by the designated local agency--
``(I) as having attained age 16 but
not age 25 on the hiring date,
``(II) as not regularly attending
any secondary, technical, or post-
secondary school during the 6-month
period preceding the hiring date,
``(III) as not regularly employed
during such 6-month period, and
``(IV) as not readily employable by
reason of lacking a sufficient number
of basic skills.''.
(b) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2008.
Subtitle C--Repeal of Withholding Tax on Government Contractors
SEC. 2301. REPEAL OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS.
Section 3402 is amended by striking subsection (t).
TITLE III--GENERAL PROVISIONS
SEC. 3001. CEILING ON TOTAL COST.
The Secretary of the Treasury shall adjust the tax benefits
provided pursuant to this division so that the aggregate amount of such
benefits does not exceed $100,000,000,000.
<all>
Introduced in House
Introduced in House
Referred to House Appropriations
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Budget
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